Central Administrative Tribunal - Mumbai
Himatlal Mandan Solanki vs M/O Home Affairs on 16 September, 2019
| OA No S64/2019 +. oe . 1 in OANGSGN2019 CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI BENCH, MUMBAI ORIGINAL APPLICATION No.564/2019 with ORIGINAL APPLICATION NO.565/2019
- Date of decision: 16.09.2019 CORAM:~ R. VIGAYKUMAR, MEMBER (A). R.N,. SINGH, MEMBER (3). D (Applicant ja JOA No.564/2019) Sppk Hiunatlal Mandan Solanki "« Age~-§8 ydare;"Occ. Service, . \ Pedmanent Rfat:
\) Magy Road, Near SBI, | House No. 645, | Ghoghla-Diu, Pin-362540 | @€f/At | " AYorking as Incharge Executive Engineer (Civil) Office of Executive Engineer, Fort Area, PWD, Moti Daman-396 220.
s t ' ~ AND {Applicant in OA No .565/2019) Shri Nileshkumar Arvindial Patel Age-42 years, Occ. Service, Permanent R/at Plat No.202, Royal Gems, Assucena Road,. Moti Daman, Pine396 220, OFE/At | OA No. S64/2019
2 in OA No.565/2019 Working as dr Engineer PWD in the office of Assistant Sub Div. I, Nani Daman-396 And Additional Charge as 38 2010 in the office of the superintendent Engineer, PHD, W Area, Moti Daman-396 220, babe 3 a
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i) re) rr Ss O ct Reo oD q 2 ty ae Applicant.
(By Advocate Shri A. D. Joshi) (Respondents in OA Nos. 564/2019 & 565/20193
1. The Union of India, Through the Secretary, Ministry of Home Affairs, Office Add: Ministry of Ho Affairs, North Block, Cent Secretariat, New Delhi-110 Me ral OOd.
e. The Administrator, Through the Secretary, Union Territory of Daman & Diu and Dadra and Nagar Haveli, Secretariat, Meti Daman, Pin Code-396 2206.
3. The Inquiry Officer Office of the Chief Officer, Daman Municipal Council, Daman-SS6 220.
».. Raspondents.
(By Advocate Shri V. S. Masurkar) o © aS.
' & e OA No S64/2019 itt OA No S850 19 Lad
-- ORD E DE ROR Per: R. N. SINGH, MEMBER (JUDICIAL) : When the se is called out, Shri A. p. Es} Joshi, learned counsel - appeared for the applicant.
2. Shri V.. 8. Masurkar, learned counsel appeared for the respondents.
3. The amolicants have Eiled the aforesaid t OAs under Section 19 of the Administrative 2 68 "a a m Tribunal's Act, i king the following reliefs:-
(Reliefs in OA No.564/2019) this Hon'bie fribunail be pleased irect he respondents to call far the entire recerds radiated to case of the applicant. | fb) this Hon'ble fribunal be pleased to quash and set aside the impugned fc) This Hon'ble Tribunal be pleased tO pass an appropriate arder/directions thereby restraint the respondents no.2 and 3 from proceeding further with ongoing departmental inguiry proceeding against the Applicant till final disposai of criminal case/. Trial } :
against him.
may be qran bs to Pass Al} aph respondents OA No.d642019
4 . in we OA Na S65/2019 .
ase as this buna deams Fit and proper records relabed to case of WL nible Pribunal de asad vopriats traint the Further wit departmental inquiry proceeding against the Applicant tiil Final disposal © of eriminal case/.Trial already started With consent of fribunal be pleased to of tAis original 2 on the respondents. the nature and as this it and proper the learned counsels for © @ QA No d64/2018 oS . int OA No 3563/2019 the parties, thse aforesaid OAs have been. heard. for final disposal and are being disposed of by a common order as thse facts and issues involved therein are common/similar.
8. . The apoiicants have challenged the order dated 21.03.8019 (Annexure A-1} vide which the representation of the applicants for stay of the ey @ .
siplinary Preceedings till cenciusion ef the criminal cases arising out of RC23(A)/20014 dated ee Pant hat 09.2014 redressed by the CBI under Section (U/s.120-8, IP, Section 7 and 139 (2) v/fw 13 (1) (a) of provisions of prevention of Corruption Act,
6. In the impugned order dated 11.03.2019 and 12.03.2019 respec atively the respondents have con sidered the representation of the applicants and have held that there is no legal bar to the eonduct of Disciplinary Proceedings and criminal | trdal simuitaneousty. Further, ao early - conclusion of the disciplinary. proceedings has jtself been held by the e Su upreme court. to be in OA No 5364/2019 é ; in CHA No Ad6$/2019
7. In response to the notice received from this Tribunal, the respondents. have filed their detailed reply and in para 18 thereof have stated as under
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18. F state thet the departmenta t we anguiry was de y ayed due to the fact that earlier enquiry officers were transferred and hence present enquiry officer nas stated that the enquiry proceedings are a@imost at final stage. The enquiry officer Nas conducted evidence recording on Five dates 26.07.2018, 22.10.2018, 30,70.2018, 11.12.2018, 06.08.2013 and the applicant has attended the above evidence recording proceeds along with his defene assistant. fhe fast hearing is sehedulea on pefoe/2619 and the Enquiry officer has stated that he wild be submitting the enquiry officer's report by end of September, 2019. IT is therefore respectfully submitted that the applicant having Fuliy participated in tne departmental proceedings, when it is at final stage has alternative motive and intention and with a view to ring pressure on the competent authority and therefore it is prayed that the : 4 wb the Disciplinars Proceedings against the % Bo ou DA No. 364/2019 a in --OA No.565/ 2019
applicant has been going on. since long and the. Inquiry Officer. has recorded the evidence on 20 a 6.07.2018, 22.10.2018 30.20.2018, 11.12.2018 nd 06.08.2019 and the applicant has attended the Same with the assistance of his defence assistant whereas the applicant has filed the present OA only on 08.08.0119... The said "facts clearly indicate that during the recording of the evidence either the appl icant has chosen not te participate in the. proceedings or he has voluntarily participated in the proceedings. The respondents have clearly stated on cath 45 above the same has. been reiterated through their learned counsel that the Inquiry Proceedings before the "Inquiry Officer is over, and the Inquiry Officer is likely. to submit his report by the end of this month, though such assertion of the respondents has vehemently opposed by the learned counsel for the applicant, however, in absence o£ any material or pleading on record to support the applicants' such opposition, we do OA No S64 2019 g in OA No S452619 not find any reason to diskelieve the statement 3 of the respondents. The learned counsel for the 4 ts that the respondents have not applicant su k lled all the witnesses listed in the list of witnesses of the charge-memorandum but he has not been able to show how that would wrejudice their + defence when they have the option of calling 4 thelr own defence witness(es). 9, We are, therefore, of the considered View that there is no occasion or any reason for this Tribunal to pass any order directing the respondents to . stop ongoing disciplinary proceedings.
10, In the aforesaid facts and circumstances, the OAs are disposed of with directions to the respondents to conciude the proceedings as expeditiously as possible and in any case within three months of vreceipt of a certified copy of this order. However, it is made clear that we have not expressed any opinion on the merit of the disciplinary proceedings against the Y DA Na.S64/2019 . in OA No. S65/2019 4 applicants and all the legal grounds available to » then against the inquiry or final order toa be 4, passed by the respondents will remain open. an. The OAs are disposed of in the aforesaid Cernms .,
12. No order as to costs. on . i i a (R. N.! Sirfgh) (R. Vijaykuriar) Member (3) | | MemBer (A) ~ UP Vos